Bill Text: NJ A2005 | 2016-2017 | Regular Session | Introduced
Bill Title: Increases penalties for failing to secure a child in a child passenger restraint system or booster seat while operating a motor vehicle.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Women and Children Committee [A2005 Detail]
Download: New_Jersey-2016-A2005-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman JERRY GREEN
District 22 (Middlesex, Somerset and Union)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Co-Sponsored by:
Assemblyman Wisniewski and Assemblywoman Caride
SYNOPSIS
Increases penalties for failing to secure a child in a child passenger restraint system or booster seat while operating a motor vehicle.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the use of child passenger restraint systems and amending and supplementing P.L.1983, c.128.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1983, c.128 (C.39:3-76.2c) is amended to read as follows:
3. The [Division of Motor Vehicles] Division of Highway Traffic Safety in the Department of Law and Public Safety shall print such materials as to adequately inform the public about the types of child passenger restraint systems meeting federal motor vehicle safety standards. These materials may be made available to car dealers, parent groups, hospitals and the general public.
(cf: P.L.1983, c.128, s. 3)
2. Section 4 of P.L.1983, c.128 (C.39:3-76.2d) is amended to read as follows:
4. a. Any person guilty of violating any of the provisions of this act shall be [fined not less than $10.00 and not more than $25.00] subject to the following penalties:
(1) For a first offense a fine of $100;
(2) For a second or subsequent offense a fine of not less than $250 or more than $500.
[The court shall suspend any fine imposed for failure to use a child restraint system if the defendant demonstrates that he possesses a child restraint system that complies with the federal standard applicable when it was manufactured and is using it according to the manufacturer's instructions.] For a first offense, the court shall waive a fine to be imposed for failure to use a child passenger restraint system if the defendant demonstrates that the defendant is in possession of a child passenger restraint system.
b. Of the moneys collected from each fine imposed pursuant to the provisions of subsection a. of this section, $25 shall be deposited in the Division of Highway Traffic Safety Child Passenger Restraint System Assistance Fund established under the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1983, c.128, s.4)
3. (New section)
There is established a nonlapsing revolving fund, to be known as the Division
of Highway Traffic Safety Child Passenger Restraint System Assistance Fund, to
be administered by the State Treasurer. All moneys deposited in the fund
pursuant to
the provisions of subsection b. of section 4 of P.L.1983, c.128 (C.39:3‑76.2d)
shall be used exclusively by the Division of Highway Traffic Safety in the
Department of Law and Public Safety to purchase child passenger restraint
systems for distribution to persons and organizations that establish and
maintain child passenger restraint system lending programs. Any interest
earned on moneys in the fund shall be credited to the fund. The Director of
the Division of Highway Traffic Safety, in accordance with the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B‑1 et
seq.), shall promulgate rules and regulations to effectuate the purposes of
this section.
4. This act shall take effect on the first day of the third month after enactment, but such anticipatory administrative action may be taken in advance as shall be necessary for the implementation of the act.
STATEMENT
This bill increases the penalties for motor vehicle operators who fail to secure a child under the age of eight years and weighing less than 80 pounds in a child passenger restraint system or booster seat in a rear seat in accordance with current law.
The current penalty is a fine of between $10 and $25. The bill increases the penalty for a first offense to a fine of $100 but provides that for a first offense, the court shall waive the fine to be imposed if the defendant demonstrates that the defendant is in possession of a child passenger restraint system. The fine for second and subsequent offenses is not less than $250 or more than $500.
The bill establishes a Division of Highway Traffic Safety Child Passenger Restraint System Assistance Fund to be administered by the State Treasurer. From the moneys collected from each fine, $25 is to be deposited into the fund and used exclusively by the Division of Highway Traffic Safety to purchase child passenger restraint systems for distribution to persons and organizations that establish and maintain child passenger restraint system lending programs.
